[1]Ares(2018)2679523 - Your request for access to documents-
Correspondence with Plinacro Ltd -INEA 2018/31

Sent by RAMALLO GARCIA-PEREZ Ignacio (INEA)
<[email address]>. All responses have to be sent to this
email address.
Envoyé par RAMALLO GARCIA-PEREZ Ignacio (INEA)
<[email address]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Ms. Douo,

Subject:           Your application for access to documents – Ref INEA
2018/31

We refer to your  e-mail  dated 10/04/2018 in which you make a request for
access to documents, registered under the above mentioned reference
number.

You request access to all correspondence, including emails, agendas,
records of meetings, minutes of meetings, participants lists and any other
reports of such meetings between officials/representatives of INEA and
Plinacro Ltd between 26 April 2017 and 26 January 2018.

Your application concerns the following documents:
•       Exchanges of emails Action 6.6-0046-HR-S-M-15 - Ref.
Ares(2017)2821830
•       Email of 5 January 2018 for the same action. Ref. Ares
Ares(2018)60824
•       Request for an amendment Ares(2018)60824

               
Having examined the documents requested under the provisions of Regulation
(EC) No 1049/2001 regarding public access to documents, INEA has come to
the conclusion that it may be partially disclosed. Some parts of the
document have been blanked out as their disclosure is prevented by
exceptions to the right of access laid down in Article 4 of this
Regulation. The documents requested contain personal data which have been
expunged.  Disclosure of these parts would undermine the protection of the
personal data.

-              Pursuant to Article 4(1) (b) of Regulation (EC) No
1049/2001, access to a document has to be refused if its disclosure would
undermine the protection of privacy and the integrity of the individual,
in particular in accordance with EU legislation regarding the protection
of personal data. The applicable legislation in this field is Regulation
(EC) No 45/2001 of the European Parliament and of the Council of 18
December 2000 on the protection of individuals with regard to the
processing of personal data by the Community institutions and bodies and
on the free movement of such data. When access is requested to documents
containing personal data, Regulation (EC) No 45/2001 becomes fully
applicable.

According to Article 8(b) of this Regulation, personal data shall only be
transferred to recipients if they establish the necessity of having the
data transferred to them and if there is no reason to assume that the
legitimate rights of the persons concerned might be prejudiced.
We consider that, with the information available, the necessity of
disclosing the aforementioned personal data to you has not been
established and/or that it cannot be assumed that such disclosure would
not prejudice the legitimate rights of the persons concerned. Therefore,
we are disclosing the documents requested expunged from this personal
data.

-              As regards the request for amendment (Ares(2018)60824 ), we
came to the conclusion that it contains information that cannot be
disclosed based on the exceptions foreseen in  Article 4(2) this
Regulation. This documents contain technical and financial information and
their disclosure would harm the commercial interests and/or interests in
the field of intellectual property of the company or individuals and can
be only partially disclosed.

In accordance with Article 7(2) of Regulation 1049/2001, you are entitled
to make a confirmatory application requesting the Agency to review this
position.

Such a confirmatory application should be addressed within 15 working days
upon receipt of this letter to the Director of INEA at the following
address:

INEA
Chaussée de Wavre 910
B-1049 Bruxelles
or by email to: [email address]

Yours faithfully,

INEA Access to Documents Team

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